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(영문) 부산지방법원 동부지원 2017.03.08 2016고단1229
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 19, 2016, the Defendant committed an indecent act on the part of the victim F (W, 19 years old) who sought a public performance for busing in Busan Shipping Daegu C on July 19, 2016, and discovered the victim F (W, 19 years old) who had a public performance for busing in Busan Shipping Daegu C, with the intent of committing an indecent act against the female. The Defendant committed an indecent act on the part of the victim by force once by force against the knickbbbbbbbbbb in the left side of the ma with his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a report on investigation and a report on investigation (the confirmation of the suspect's same records);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a course (a defendant shall be deemed to have a mental and physical weak state due to mental illness);

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of the Sex Offenses of Children and Juveniles (in light of the characteristics of the instant crime, etc., there is a risk of recidivism of a sexual crime committed by a criminal defendant in general;

In addition, in full view of the Defendant’s age, family relationship, background and process of the instant crime, benefits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., where a conviction on the Defendant’s personal information registration of the instant crime becomes final and conclusive, the Defendant shall not disclose or notify the Defendant’s personal information.

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